- 367 - The BRT originally consisted of 25 trusts, the beneficiaries of which were all individuals. Most of the beneficiaries of BRT were members of Kanter's family. As shown by the BRT agreement, Kanter's 1978 renunciation, and the Forms K-1 attached to the 1988, 1987, and 1988 BRT returns, sometime after Kanter purportedly renounced his interest in BRT and during or before 1987, 60 new trust beneficiaries (the JSK trusts) were added to the 25 trusts of BRT. Although Kanter purportedly renounced his interest in BRT in 1978, including his power of appointment, he nonetheless added 60 new trust beneficiaries to BRT. According to the BRT agreement, only Kanter, through exercise of his power of appointment, could have created these new trust beneficiaries. Because the power of appointment vested in him the power to add new beneficiaries other than after-born children, the power of appointment was a power of disposition. See sec. 1.674(a)-1, Income Tax Regs. Because we regard Kanter as the true grantor, his possession of the power of appointment (a power of disposition) makes the trust income taxable to him in 1986 and 1987. Weisgal, the named trustee, had no beneficial interest in BRT. Since Weisgal had no beneficial interest in BRT, he is a nonadverse party. See sec. 672. Thus, even if the 60 new trust beneficiaries were added pursuant to a power held by Weisgal, aPage: Previous 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 Next
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